AT&T: Nashville should expect a lawsuit if Google Fiber bill passes

The AT&T building is lit up in red to mark the 12th annual National Wear Red Day, which helps promote awareness about women's risk of heart disease and stroke in women.(Photo: Jae S. Lee / The Tennessean)Buy Photo

It’s been no secret that a lawsuit from AT&T against Metro is a possibility if Nashville approves a One Touch Made Ready ordinance backed by Google Fiber.

But on Thursday, addressing reporters at a news conference from the lobby of the downtown AT&T building, Joelle Phillips, president of AT&T Tennessee, came close to guaranteeing a lawsuit if the bill passes.

AT&T sued Louisville, Ky. after that municipality approved a similar One Touch Make Ready ordinance. The company has argued that the Federal Communications Commission – not cities – have the power to regulate privately-owned AT&T utility poles. From the beginning, the company has said Nashville lacks the authority to implement the ordinance Google Fiber covets.

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Joelle Phillips, President of AT&T Tennessee, told reporters on Thursday that AT&T expects litigation if Nashville's Metro Council approves a One Touch Make Ready proposal that is backed by Google Fiber. File photo(Photo: Samuel M. Simpkins / The Tennessean)

When asked whether AT&T would sue Metro if the One Touch Make Ready bill is passed here, Phillips referenced the lawsuit in Louisville. She also said an AT&T lawyer has visited with the Metro Department of Law to “try to walk them through what the various legal arguments and issues are so that they are aware.”

A spokesman for Google Fiber declined to comment on the remarks. Metro Department of Law Director Jon Cooper also declined to comment.

Google has said its rollout into Nashville has been delayed because of Metro’s current utility pole law whereby existing providers AT&T and Comcast must move their own lines before a new provider can add another cable.

The proposed ordinance would give Google Fiber, or any other provider seeking to add a line, the ability to hire an approved vendor to move all the lines at the same time.

The Metro Council deferred voting on the legislation on a second of three votes last week amid lingering concerns and questions from council members. It is scheduled for consideration again on Sept. 6.

Council attorney Mike Jameson, in a legal analysis, has raised similar legal questions as the ones posed by AT&T in its Louisville lawsuit

“The ordinance may not be enforceable," Jameson wrote in his analysis, if AT&T finds the ordinance violates its contract with NES, given a potential conflict with federal regulation. He said the proposed ordinance does not appear to conflict with federal regulations in regards to utility poles that are owned by the Nashville Electric Service.

Councilman Jeremy Elrod, a co-sponsor of the ordinance, said AT&T threatened a lawsuit during Wednesday's meeting between AT&T, Google Fiber, Comcast, Nashville Electric Service and representatives of the Mayor's office concerning pole attachment agreements. Elrod was not present but said he was briefed by people participating.